[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 41948-41950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10476]
[[Page 41948]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Patent Prosecution Highway (PPH) Program
AGENCY: Patent and Trademark Office, Department of Commerce.
ACTION: Notice of information collection; request for comment.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act of 1995, invites comments on
the extension and revision of an existing information collection: 0651-
0058 (Patent Prosecution Highway (PPH) Program). The purpose of this
notice is to allow 60 days for public comment preceding submission of
the information collection to OMB.
DATES: To ensure consideration, comments regarding this information
collection must be received on or before July 15, 2024.
ADDRESSES: Interested persons are invited to submit written comments by
any of the following methods. Do not submit Confidential Business
Information or otherwise sensitive or protected information.
Email: [email protected]. Include ``0651-
0058 comment'' in the subject line of the message.
Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Jeffrey West, Senior Legal Advisor, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450;
by telephone at 571-272-2226; or by email at [email protected]
with ``0651-0058 comment'' in the subject line. Additional information
about this information collection is also available at http://www.reginfo.gov under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent Prosecution Highway (PPH) is a framework in which an
application whose claims have been determined to be patentable by the
Office of Earlier Examination (OEE) is eligible to go through an
accelerated examination in an Office of Later Examination (OLE) with a
simple procedure upon an applicant's request. By leveraging the search
and examination work product of the OEE, PPH programs (1) deliver lower
prosecution costs, (2) support applicants in their efforts to obtain
stable patent rights efficiently around the world, and (3) reduce the
search and examination burden, while improving the examination quality,
of participating patent offices.
Initially, the PPH programs were limited to the utilization of
search and examination results of national applications between cross
filings under the Paris Convention. Later, the potential of the PPH was
greatly expanded by Patent Cooperation Treaty (PCT)-PPH programs, which
permit participating patent offices to draw upon the positive results
of the PCT work product from another participating office. PCT-PPH
programs use international written opinions and international
preliminary examination reports developed within the framework of the
PCT, thereby making the PPH available to a larger number of applicants.
Information collected for the PCT is approved under the USPTO
information collection 0651-0021 (Patent Cooperation Treaty).
More recently, the USPTO and several other offices acted to
consolidate and replace existing PPH programs, with the goal of
streamlining the PPH process for both offices and applicants. To that
end, the USPTO and other offices established the Global PPH pilot
program and the IP5 PPH pilot program. Both the Global PPH and IP5 PPH
pilot programs are running concurrently and are substantially
identical, differing only with regard to their respective participating
offices. The USPTO participates in both the Global PPH pilot program
and the IP5 PPH pilot program. For USPTO applications, the Global PPH
and IP5 PPH pilot programs supersede any prior PPH program between the
USPTO and each Global PPH and IP5 PPH participating office. Any
existing PPH programs between the USPTO and offices that are not
participating in either the Global PPH pilot program or the IP5 PPH
pilot program remain in effect.
This information collection covers data gathered through the
Request for Participation in the Patent Prosecution Highway (PPH) Pilot
Program, which the public uses to request an accelerated examination
within the PPH provisions.
II. Method of Collection
Information in this information collection must be submitted
electronically.
III. Data
OMB Control Number: 0651-0058.
Forms: (SB = Specimen Book)
PTO/SB/20BR (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Brazilian National
Institute of Industrial Property (INPI) and the USPTO)
PTO/SB/20CZ (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Industrial Property
Office of the Czech Republic (IPOCZ) and the USPTO)
PTO/SB/20FR (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the National Institute
of Industrial Property of France (INPI) and the USPTO)
PTO/SB/20GLBL (Request for Participation in the Global/IP5
Patent Prosecution Highway (PPH) Pilot Program in the USPTO)
PTO/SB/20MA (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Moroccan Office of
Industrial and Commercial Property (OMPIC) and the USPTO)
PTO/SB/20MX (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Mexican Institute
of Industrial Property (IMPI) and the USPTO)
PTO/SB/20MY (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Intellectual
Property Corporation of Malaysia (MYIPO) and the USPTO)
PTO/SB/20NI (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Nicaraguan Registry
of Intellectual Property (NRIP) and the USPTO)
PTO/SB/20PH (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Intellectual
Property Office of the Philippines (IPOPH) and the USPTO)
PTO/SB/20RO (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Romanian State
Office for Inventions and Trademarks (OSIM) and the USPTO)
PTO/SB/20SA (Request for Participation in the Patent
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Prosecution Highway (PPH) Pilot Program Between the Saudi Authority for
Intellectual Property of the Kingdom of Saudi Arabia (SAIP) and the
USPTO)
PTO/SB/20TW (Request for Participation in the Patent
Prosecution Highway (PPH) Pilot Program Between the Taiwan Intellectual
Property Office (TIPO) and the USPTO)
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent's Obligation: Required to obtain or retain benefits.
Estimated Number of Annual Respondents: 8,585 respondents.
Estimated Number of Annual Responses: 8,585 responses.
Frequency: On occasion.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately 2
hours to complete. This includes the time to gather the necessary
information, create the document, and submit the completed request to
the USPTO.
Estimated Total Annual Respondent Burden Hours: 17,170 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $7,674,990.
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\1\ 2023 Report of the Economic Survey, published by the
Committee on Economics of Legal Practice of the American
Intellectual Property Law Association (AIPLA); pg. F-41. The USPTO
uses the average billing rate for intellectual property work in all
firms which is $447 per hour (https://www.aipla.org/home/news-publications/economic-survey).
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
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Estimated
Estimated Responses per Estimated Estimated time Estimated Rate \1\ ($/ annual
Item No. Item annual respondent annual for response burden (hour/ hour) respondent
respondents responses (hours) year) cost burden
................... (a) (b) (a) x (b) = (d) (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
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1................. Request for 8,500 1 8,500 2 17,000 $447 $7,599,000
Participation in
the Global/IP5 PPH
Pilot Program in
the USPTO.
2................. Request for 4 1 4 2 8 447 3,576
Participation in
the PPH Pilot
Program Between
the Brazilian
National Institute
of Industrial
Property (INPI)
and the USPTO.
3................. Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Industrial
Property Office of
the Czech Republic
(IPOCZ) and the
USPTO.
4................. Request for 15 1 15 2 30 447 13,410
Participation in
the PPH Pilot
Program Between
National Institute
of Industrial
Property of France
(INPI) and the
USPTO.
5................. Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Moroccan
Office of
Industrial and
Commercial
Property (OMPIC)
and the USPTO.
6................. Request for 2 1 2 2 4 447 1,788
Participation in
the PPH Pilot
Program Between
the Mexican
Institute of
Industrial
Property (IMPI)
and the USPTO.
7................. Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Intellectual
Property
Corporation of
Malaysia (MYIPO)
and the USPTO).
8................. Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Nicaraguan
Registry of
Intellectual
Property (NRIP)
and the USPTO.
9................. Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Intellectual
Property Office of
the Philippines
(IPOPH) and the
USPTO.
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10................ Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Romanian State
Office for
Inventions and
Trademarks (OSIM)
and the USPTO).
11................ Request for 1 1 1 2 2 447 894
Participation in
the PPH Pilot
Program Between
the Saudi
Authority for
Intellectual
Property of the
Kingdom of Saudi
Arabia (SAIP) and
the USPTO.
12................ Request for 57 1 57 2 114 447 50,958
Participation in
the PPH Pilot
Program Between
the Taiwan
Intellectual
Property Office
(TIPO) and the
USPTO.
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Totals............. 8,585 ............... 8,585 .............. 17,170 .............. 7,674,990
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Estimated Total Annual Respondent Non-hourly Cost Burden: $0. There
are no capital start-up costs, maintenance costs, recordkeeping costs,
filing fees, or postage costs associated with this information
collection.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the Agency, including
whether the information will have practical utility;
(b) Evaluate the accuracy of the Agency's estimate of the burden of
the collection of information, including the validity of the
methodology and assumptions used;
(c) Enhance the quality, utility, and clarity of the information to
be collected; and
(d) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
All comments submitted in response to this notice are a matter of
public record. The USPTO will include or summarize each comment in the
request to OMB to approve this information collection. Before including
an address, phone number, email address, or other personally
identifiable information (PII) in a comment, be aware that the entire
comment--including PII--may be made publicly available at any time.
While you may ask in your comment to withhold PII from public view, the
USPTO cannot guarantee that it will be able to do so.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2024-10476 Filed 5-13-24; 8:45 am]
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